Public Warehousing Company K.S.C. and Professional Contract Administrators, Inc. v. Supreme Foodservice GmbH (formerly known as Supreme Foodservice AG) and Supreme Foodservice GmbH & Co. KG, ICDR Case No. 50 181 T 00321 08 - Journal of Damages in International Arbitration - Vol. 3, No. 1
Claimants commenced ICDR arbitration arguing Respondents wrongfully terminated a Services Agreement, under which Claimants earned a Monthly Service Fee in exchange for consulting, procurement, and technical support related to the bidding and ultimate performance of Respondents’ contract to deliver food to American Troops in Afghanistan. The Tribunal consisted of Robert B. Davidson (Chair), James M Rhodes (Claimants-appointed), and Hon. Milton Mollen (Ret.) (Respondents-appointed). Though the majority determined Respondents properly terminated the Services Agreement, they awarded Claimants US$ 38,660,021 plus interest for fees owed pre and post-termination under the Services Agreement and the related Side Agreement. Hon. Milton Mollen dissented in part.